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4 04, 2018

Challenging a Trust

By |April 4th, 2018|Blog Posts|0 Comments

Trusts are becoming more and more popular as an estate planning tool for a variety of reasons. One of the primary benefits is to allow the administration of the estate to occur outside the purview of a probate court, which occurs if assets are to be distributed to beneficiaries under a will. Additionally, a will [...]

12 11, 2014

Probate Code Section 850 Helps Get the Job Done

By |November 12th, 2014|Blog Posts|0 Comments

Before someone can get the benefit of a statute, one needs to be listed or described in some way as a beneficiary of the law in order to take advantage of it. One law, California Probate Code Section 850(a)(1), can cover a number of interested parties, including, depending on the circumstances, a guardian, conservator or [...]

15 10, 2014

Postnuptial Agreement Do’s and Don’t’s

By |October 15th, 2014|Blog Posts|0 Comments

Marriage related agreements give spouses some certainly concerning the division of property if the two divorce later on. They are similar to a will and could impact your estate planning. While state law provides how your property will be divided if you die without a will, state law will also spell out how your property [...]

28 09, 2014

No Contest Clauses Can Limit Challenges to a Trust in Limited Circumstances

By |September 28th, 2014|Blog Posts|0 Comments

A no contest clause in a trust discourages a beneficiary from challenging it, normally by threatening the forfeiture of the distribution if a challenge is made. These clauses are enforceable in limited circumstances. Depending on the circumstances the clause may or may not be a strong deterrence to future legal action by a beneficiary. California [...]

30 07, 2014

Early Estate Planning Tips Before You Turn 55 Years Old

By |July 30th, 2014|Blog Posts|0 Comments

With over 10,000 Americans turning 55 daily, estate planning is something that should be on the minds of many as they age. As the population ages, Alzheimer’s and dementia is devastating elderly Americans. While estate planning in general is important, estate planning while younger is very important because of the ability to not only plan [...]

14 07, 2014

Changes to “Undue Influence” in the California Probate Code

By |July 14th, 2014|Blog Posts|0 Comments

As of January 1, 2014, the California Legislature updated Probate Code Section 86 and changed the definition of “undue influence” and how it operates, especially when dealing with the elderly population. In this article I will be discussing what the change to the law is, how it operates, and how undue influence may operate under [...]

13 05, 2014

Proper Estate Planning to Avoid Litigation

By |May 13th, 2014|Blog Posts|0 Comments

One of the many benefits that proper estate planning provides someone is the ability to avoid costly litigation, which sucks up resources that could have been retained if planning was properly done. An area where this occurs often is in the world of durable powers of attorney and conservatorships for individuals suffering from dementia or [...]

20 04, 2014

The Tax Benefits of 401(k), Roth IRA, and Health Savings Accounts

By |April 20th, 2014|Blog Posts|0 Comments

When examining different investment options, a point of consideration for any potential investment are the tax benefits of the investment. In this post I will be examining the tax benefits of three common investment options that many take advantage of; 401(k) plans, Roth IRA plans, and Health Savings Accounts. Tax Benefits of 401(k), Roth IRA [...]